These terms and conditions are the contract between you and Payday Deals (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy a Product on your behalf.
If you use Our Website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the Services.
1. Definitions
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Our Website” means any website of ours, and includes all web pages controlled by us.
« Post » means upload or place on or into Our Website any Content or material of any sort by any means.
“Product” means any item offered for sale on Our Website, whether physical goods or downloads.
“Seller” means a person who offers a Product for sale on Our Website.
“Service” means any service we provide through Our Website, whether free or charged.
2. Our contract
2.1 Payday Deals is neither a buyer nor seller of Products offered for sale in any form. Payday Deals is never either a principal or agent in a buying transaction.
2.2 Payday Deals is a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for sale of his Products and for collection and forwarding of your money.
2.3 We are not responsible to you further than to take your money and pass it to the Seller.
2.4 We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Payday Deals members.
2.5 We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
2.6 These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.
2.7 We provide a market place for the supply of Products. We are in no way responsible for:
2.7.1 your locating and ordering a Product;
2.7.2 your choice of a Product;
2.7.3 any aspect of the provision of the Product;
2.7.4 refund payment for any Product;
2.7.5 any complaint about any Product.
2.8 In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
2.9 We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
3. Your account and personal information
3.1 When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. The buying procedure
4.1 Payday Deals is not responsible for the fulfilment of your contract to buy a Product.
4.2 Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
4.3 Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of his business.
4.4 Products may be offered for sale subject to any discount or promotion arranged between Payday Deals and the Seller.
4.5 Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
4.6 All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Seller for each Product offered for sale. It may be changed at the discretion of the Seller. Once you have bought an item, the delivery charge offered to you cannot be increased.
4.7 Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
4.8 You are required to pay in the currency in which the Product is listed for sale on Our Website.
4.9 Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
4.10 For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
4.11 To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.
5. Security of your Credit Card & Payment
We take care to make Our Website safe for you to use.
5.1 Card & payments are not processed through pages controlled by us. This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of PayPal Express Checkout, Shopify Payments, Afterpay, Zip, Openpay Payment Gateway, Laybuy, and LatitudePay or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it. Online payment service providers encrypt your card or bank account details in a secure environment.
6. The Payday Deals guarantee
6.4 The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.
7. Products returned
These provisions apply in the event that you return any Product to the Seller for any reason:
7.1 The Seller does not accept returns unless there was a defect in the Product at the time of purchase, or the Seller has agreed in correspondence that you may return it.
7.2 Before you return a Product to the Seller, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
7.3 The Products must be returned to the Seller as soon as any defect is discovered but not later than 14 days.
7.4 So far as possible, a Product should be returned:
7.4.1 with both Product and all packaging as far as possible in their original condition;
7.4.2 securely wrapped;
7.4.3 including the Seller’s delivery slip;
7.4.4 at your risk and cost or as otherwise instructed by the Seller
7.5 We advise you to follow the returns procedure set out on your Seller’s website or otherwise in his terms and conditions, if any. If you do not do so, the Seller may be unable to identify you as the sender of the Products.
7.6 If the Seller agrees that the Product is faulty, the Seller will:
7.6.1 refund the cost of return carriage;
7.6.2 repair or replace the Product as he chooses.
8. How we handle your Content
8.1 Our privacy policy is strong and precise. It complies fully with current privacy law which is at Privacy Policy.
8.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
8.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
8.4 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
8.5 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
8.6 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
8.7 You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
8.8 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
8.9 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
8.10 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
8.11 Please notify us of any security breach or unauthorised use of your account.
8.12 We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it.
9. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
9.1 be unlawful, or tend to incite another person to commit a crime;
9.2 consist in commercial audio, video or music files;
9.3 be obscene, offensive, threatening, violent, malicious or defamatory;
9.4 be sexually explicit or pornographic;
9.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
9.6 use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
9.7 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
9.8 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
9.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
9.10 facilitate the provision of unauthorised copies of another person’s copyright work;
9.11 link to any of the material specified in this paragraph;
9.12 use distribution lists that include people who have not given specific permission to be included in such distribution process;
9.13 send age-inappropriate communications or Content to anyone under the age of 18.
10. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
10.1 hyperlinks, other than those specifically authorised by us;
10.2 keywords or words repeated, which are irrelevant to the Content Posted.
10.3 the name, logo or trademark of any organisation other than yours.
10.4 inaccurate, false, or misleading information.
